TERMS AND CONDITIONS

These standard terms and conditions apply to the Agreement between Us and You relating to provision of the Products. By accessing and using the Website, including placing any Order via the Website, You agree to be bound by the terms and conditions in this Agreement (Terms), which may be varied by Us from time to time. Words which are capitalised may be defined in clause1.

1. INTERPRETATION
   • In the Agreement, unless the context otherwise requires:
     Agreement means the agreement between Us and You relating to the Products pursuant to the Terms;
     GST has the meaning defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
     Guarantee means a guarantee for the purposes of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth);
     Privacy Policy means any privacy policy We may have as amended by Us from time to time and which is accessible from the Website;
     Product means any good sold by Us via the Website;
     Product Information means all information relating to a Product supplied by Us;
     Price means the GST inclusive priceor the Product as stated on the Website as at the date of the relevant Order;
     Terms means the terms and conditions of this Agreement as varied by Us from time to time;
     Us / We / Our means Squirrel Business Solutions Group Pty Ltd ACN 602 214 264 and/or Our assigns;
     Website means the Our website or any third party eCommerce site utilised by Us,
     You / Yours means a visitor and/or user of the Website aged 18 years or over.
2. USE OF THE WEBSITE
   • In order to use the Website, and place an Order, You will need to provide Us with certain personal information. Unless compelled to do so by law, or in accordance with the Terms, We will not disclose any personal information You provide to Us otherwise than in accordance with Our Privacy Policy, which You can access from the Website.
   • Any information on the Website, except Product Information, is general in nature and should not be relied upon without first seeking appropriate professional advice.
   • Any photographs or other visual depictions appearing on the Website or otherwise in relation to any Product are intended to be indicative only.
   • We may suspend, terminate, disable, or block access to the Website. We do not warrant that the Website will be available at any particular time.
3. PRODUCTS
   • We sell the Products via the Website.
   • Product Information concerning the Products is available on the Website. We use Our best endeavours to ensure that all Products sold by Us are of the highest quality.
   • Product Information is provided to Us by one or more third parties. Whilst we take every opportunity to verify such Product Information, We rely on the information provided to Us by third parties and We do not accept liability for errors or inaccuracies in such Product Information.
4. ORDERS FOR PRODUCTS
   • You may place an Order for one or more Products via the Website.
   • To place an Order, You must supply to Us, via the Website, certain information as We determine from time to time including, but not limited to, your entity name, ABN/ACN, telephone number, and email address.
   • Any Order placed constitutes an offer to purchase the Products the subject of the Order, which We may accept or reject in Our absolute discretion. Without limitation, We will not accept an Order if You do not provide Us with the required information.
   • If We accept an Order, We will endeavour to supply the Products subject to, and in accordance with, the Terms.
   • In consideration of the promise by Us to supply the Products, You agree to pay Us the Price and any other charge We impose pursuant to the Terms which will include, but may not be limited to, GST.
   • Without limitation of any other right We may have, We reserve the right to remove from sale, and from the Website, any Product, or to amend or replace any Product Information.
5. PAYMENT
   • We may accept orders automatically via the Website immediately upon You submitting an Order.
   • On accepting an Order, or at the expiration of any trial period we may provide at our discretion, We may charge You the Price.
   • All charges imposed by Us on acceptance of an Order must be paid by credit card using a secure site nominated by Us.
   • We will issue, or cause to be issued to You, an invoice or receipt in respect of any payment(s) You
6. REFUNDS
   • We will refund the Price and any other charge imposed by Us in relation to a Product if:
     • an administrative or technical error has caused an incorrect Price to be charged to You (in relation to which we have received payment); or
     • Product Information in respect of a Product purchased by You was fundamentally in error.
   • All requests for refunds must be sent to info@squirrel.biz together with details of the Product in relation to which a refund is sought and also the reason for the refund request.
   • In circumstances other than those referred to in clause 1, we may, at our sole discretion, refund the Price, to You if We determine that it is appropriate in all the circumstances to do so.
7. LICENCE TO USE INTELLECTUAL PROPERTY
   • By purchasing a Product, which may hold or utilise intellectual property including, but not limited to, copyrighted works, trade marks and service marks, we are granting to You a revocable, non-exclusive licence throughout the world to use and exploit the intellectual property to the full extent and purpose for which it is created and permitted by intellectual property law in any jurisdiction in which the Product is available to users.
8. LIMITATION OF LIABILITY
   • Subject to this clause 8, and to the extent permitted by law, We and Our employees, contractors or agents accept no liability arising out of the supply or non-supply of the Products or otherwise by virtue of this Agreement, whether arising at law, in equity or by virtue of any statute, except to the extent that the liability arises solely from the gross negligence of Us, Our employees, contractors or agents, in which case Our liability shall be limited to, as we determine:
     • the replacement of the Products or the supply of equivalent Products; or
     • the payment of the cost of replacing the Products or of acquiring equivalent Products.
   • Our liability for failure to comply with a Guarantee shall be limited to, as we determine:
     • the replacement of the Products or the supply of equivalent Products; or
     • the payment of the cost of replacing the Products or of acquiring equivalent Products.
   • Nothing in this clause 8 shall be read or applied so as to purport to exclude, restrict, or modify, or have the effect of excluding, restricting, or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted, or modified.
9. WARRANTY
   • We are not responsible for product delivery delays where such delays are the result of factors outside Our control.
   • We do not warrant or purport to warrant:
     • your business continuity where application programming interface (API) daily maximums are reached. APIs are not within our control;
     • the performance, success or resultant outcomes of the Product which are dependent upon third party products or services used in the provision of the Product;
     • internet speed or responsiveness, nor the provision of services of third-party social media platforms;
     • the performance of third-party platform products or services engaged by You; and
     • the Product where any failure of the Product results from the provision of non-current, or otherwise incorrect information from You, or the failure otherwise, by You to meet the terms of this Agreement.
10. INDEMNITY
    • You indemnify, and keep indemnified Us, our officers, employees, volunteers and agents against all claims, actions, demands, proceedings, liabilities, damages, costs and expenses whatsoever and howsoever arising, paid, suffered or incurred by You, your officers, employees or agents, directly or indirectly as a result of or in connection with the provision of the Product and the ongoing use of the Product by You.
11. MISCELLANEOUS
    • A waiver of, or failure by Us to enforce, a right arising under the Agreement by Us does not affect any other of Our rights, whether arising under the Agreement or otherwise.
    • If any clause of the Agreement is invalid or unenforceable in any jurisdiction it is to be read down for the purposes of that jurisdiction so as to enable it to be valid and enforceable and otherwise, and to the extent of any invalidity, shall be severed without effecting, to the extent possible, the validity and enforceability of the remaining clauses of the Agreement.
    • If performance of any obligation arising under the Agreement is prevented or delayed, wholly or in part, by reason of an act of nature, or the consequence thereof including, but not limited to fire or flood, or other causes beyond the control of Us, either or both of Us or You may:
      • perform the Agreement (or the unperformed part thereof) within a reasonable time from the removal of the cause preventing or delaying performance; or
      • rescind unconditionally, and without liability, the Agreement (or the unperformed part thereof).
    • The Agreement contains the entire Agreement between Us and You with respect to its subject matter and supersedes all prior communications, arrangements, conduct and/or agreements.
    • The Agreement shall be governed by, and construed in accordance with, the laws for the time being in force in the state of Victoria and Us and You submit to the non-exclusive jurisdiction of the courts of that State.
    • Unless otherwise stated in the Agreement, any clause of the Agreement which expressly, or by implication from its nature, is intended to continue, will survive the expiration or termination of the Agreement.
    • We may vary these Terms at any time without notice.
    • We reserve all Our rights to the extent that they are not reserved by the Terms.

1. TERMS & CONDITION complaints and enquiries
   If you have any queries or complaints about our TERMS & CONDITIONS please contact us at:
2. Squirrel Business Solutions
   info@squirrel.biz
   1300 780 757